CHAPTER TWENTY ONE
FLOODPLAIN ORDINANCE
SECTION 1.0 – Statutory Authorization, Findings of Fact, Purpose and Objectives
1.1
1.2
1.3
1.4
1.5
1.6
Statutory Authorization
Findings of Fact
Methods of Reducing Flood Losses
Disclaimer
Definitions
Lands to Which This Ordinance Applies
SECTION 2.0 – Permit Procedures
2.1
2.2
2.3
Permit Procedures
Use of Other Base Flood Data
Permit Review
SECTION 3.0 – Standards
3.1
3.2
General Standards
Specific Standards
SECTION 4.0 – Administrative Requirements
4.1
4.2
4.3
Information to be Obtained and Maintained
Alteration of Watercourses
Penalties for Non-Compliance
1
CHAPTER TWENTY ONE
MODEL “B” FLOODPLAIN ORDINANCE
SECTION 1.0
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND
OBJECTIVES
1.1
STATUTORY AUTHORIZATION
The Legislature of the State of North Dakota has in North Dakota Century Code,
Chapters 40-47, 11-33, and 58-03, delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry.
Therefore, the CANDO CITY COUNCIL of THE CITY OF CANDO,
North Dakota does ordain as follows:
1.2
1.3
FINDINGS OF FACT
(1)
The special flood hazard areas of THE CITY OF CANDO are subject
to periodic inundation which can endanger life, result in loss of property,
create health and safety hazards, disrupt commerce and governmental
services, cause extraordinary public expenditures for flood protection and
relief, and impair the tax base, all of which adversely affect the public
health, safety and general welfare.
(2)
Flood losses caused by the cumulative effect of obstructions in the special
flood hazard areas cause increases in flood heights and velocities.
Inadequately floodproofed, elevated or otherwise unprotected structures
also contribute to the flood loss.
METHODS OF REDUCING FLOOD LOSSES
In order to limit and prevent flood damages in THE CITY OF CANDO, this
ordinance has provisions for restricting, prohibiting, and guiding development
activities that can be subject to flood damage.
2
1.4
DISCLAIMER
This ordinance shall not create liability on the part of THE CITY OF CANDO,
any officer or employee thereof, or the Federal Emergency Management Agency,
for any flood damage that results from reliance on this ordinance or any
administrative decision lawfully made thereunder.
1.5
DEFINITIONS
"Base flood or 100-year flood" means the flood having a one percent
chance of being equaled or exceeded in any given year.
“Base Flood Elevation” (BFE) means the height of the base flood or 100year flood usually in feet above mean sea level.
“Basement” means any area of the building having its floor subgrade
(below ground level) on all sides.
“Best Available Data” (BAD) means water elevation information from any
source used to estimate or determine a base flood elevation (i.e. high water
mark).
“Conveyance or hydraulic conveyance” means a geometric characteristic
of a river or watercourse at a given point that determines the flow-carrying
capacity at that point.
"Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations located within the special flood hazard area.
"Flood Insurance Rate Map" (FIRM) means the official map issued by the
Federal Emergency Management Agency where special flood hazard areas
are designated as Zone A.
"Flood" or "flooding" means a general and temporary condition of partial
or complete inundation of normally dry land areas from the overflow of
inland or tidal waters and/or; from the unusual and rapid accumulation or
runoff of surface waters from any source.
“Floodproofing” (Dry) means protection provided a structure, together
with attendant utilities and sanitary facilities, which is watertight two feet
3
above the base flood elevation with walls that are substantially
impermeable to the passage of water.
“Floodway or regulatory floodway” means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
"Lowest floor" means the lowest floor of a structure including the
basement.
"Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use
with or without a permanent foundation when connected to the required
utilities. The term “manufactured home” does not include a “recreational
vehicle”, but does include “mobile home”.
"Manufactured Home Park or Subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent
or sale.
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
“Reasonably safe from flooding” means base flood waters will not
inundate the land or damage structures to be removed from the special
flood hazard area, and that any subsurface waters related to the base flood
will not damage existing or proposed buildings.
“Recreational vehicle” means a vehicle which is:
(a) built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal
projection;
(c) designed to be self-propelled or permanently towable by a
light duty truck;
(d) designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel, or
seasonal use; including, but not limited to;
(e) travel trailers, trailers on wheels, park-model trailers, and other
similar vehicles.
4
"Special Flood Hazard Area” (SFHA) means an area of land that would be
inundated by a flood having a one-percent chance of occurring in any
given year.
"Start of construction" includes substantial improvement, and means the date
the building permit was issued, provided the actual start of construction, repair,
reconstruction, placement, or other improvement was within 180 days of the
permit date. The actual start means the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage
of excavation or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or
foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
"Structure" means a walled and roofed building, including manufactured
homes and gas or liquid above-ground storage tanks.
“Substantial damage” means damage of any origin sustained by a structure
whereby the cost of restoring the building to its pre-damaged condition
would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
"Substantial improvement" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either:
(1)
Before the improvement or repair is started; or
(2)
If the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition "substantial
improvement" is considered to occur when the first alteration of
any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure.
5
The term does not, however, include either:
1.6
(1)
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
(2)
Any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all special flood hazard areas within the jurisdiction
of THE CITY OF CANDO as identified by the Federal Emergency Management
Agency in its latest Flood Insurance Rate Map, dated ____________,
, and all
subsequent revisions thereto. This map is adopted by reference and declared to be
a
part
of
this
ordinance.
It
is
on
file
at
the____________________________________.
SECTION 2.0
PERMIT PROCEDURES
2.1
PERMITS
Before any construction or development begins within a special flood hazard area,
a permit shall be obtained from the CITY OF CANDO, hereinafter referred to as
the responsible person. The permit shall include:
(1)
Elevation in relation to mean sea level, of the lowest floor (including
basement) of all proposed structures;
(2)
Elevation in relation to mean sea level to which any structure will be
floodproofed;
(3)
Certification by a registered professional engineer or architect that the
floodproofing methods for any non-residential structure meet the
floodproofing criteria in Section 3.2(2); and,
(4)
Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
6
2.2
USE OF OTHER BASE FLOOD DATA
When base flood elevation data has not been provided in accordance with Section
1.6, LANDS TO WHICH THIS ORDINANCE APPLIES, the responsible person
shall obtain, review, and reasonably utilize any base flood elevation and floodway
data available from a federal, state, or other source, (known as best available data)
in order to administer this section, Section 3.1, GENERAL STANDARDS, and
Section 3.2, SPECIFIC STANDARDS.
2.3
PERMIT REVIEW
All permit applications shall be reviewed (using the best available base flood
elevation data from any federal, state, or local source) to: a) assure sites are
reasonably safe from flooding; b) determine that all necessary permits have been
obtained from those federal, state, or local agencies from which prior approval is
required; and c) to determine if the proposed development adversely affects the
flood carrying capacity of a flood-prone area. For the purposes of this ordinance,
"adversely affects" means damage to adjacent properties because of rises in flood
stages attributed to physical changes of the channel and the adjacent overbank
areas.
(1)
If it is determined that there is no adverse effect and the development is
not a building, then the permit shall be granted without further
considerations.
(2)
If it is determined that there is an adverse effect, then technical
justification (i.e., a registered professional engineer) for the proposed
development shall be required.
(3)
If the proposed development is a building, then the following provisions of
this ordinance shall apply.
7
SECTION 3.0
STANDARDS
3.1
GENERAL STANDARDS
In all special flood hazard areas, the following standards are required:
1)
2)
3)
Anchoring
(a)
All new construction and substantial improvements (including
additions) shall be anchored to prevent flotation, collapse or lateral
movement of the structure.
(b)
All manufactured homes must be elevated and anchored to resist
flotation, collapse or lateral movement. Methods of anchoring
may include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting
wind forces.
Construction Materials and Methods
(a)
All new construction and substantial improvements shall be
constructed using methods and with materials and utility
equipment that resist or minimize flood damage.
(b)
All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
(c)
All new construction and substantial improvements shall be
constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
Utilities
(a)
All new and replacement water supply systems and sanitary sewer
systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system.
8
4)
5)
(b)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems
and discharge from the systems into flood waters.
(c)
On-site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
Subdivision Proposals
(a)
All subdivision proposals shall be consistent with the need to
minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
(d)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least
50 lots or 5 acres (whichever is less).
Encroachments
Encroachments, including fill, new construction, substantial
improvements, and other development shall be prohibited in any floodway
unless a technical evaluation demonstrates that the encroachments will not
result in any increase in flood levels during the occurrence of the base
flood discharge.
3.2
SPECIFIC STANDARDS
1)
Residential Construction
(a)
New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated
on fill to at least one foot above the base flood elevation.
(b)
Manufactured homes shall be placed so that the lowest floor is
elevated on fill to at least one foot above the base flood elevation.
9
2)
Nonresidential Construction
New construction and substantial improvement of any nonresidential
structure shall either have the lowest floor, including basement, elevated
on fill to at least one foot above the base flood elevation or, together with
attendant utility and sanitary facilities shall:
(a)
Be adequately floodproofed up to an elevation no lower than two
feet above the base flood elevation.
(b)
Be floodproofed so that below the two feet above the base flood
elevation, the structure is watertight with walls substantially
impermeable to the passage of water. A registered professional
engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that
the design methods of construction are in accordance with accepted
standards of practice.
(c)
Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
(d)
Be certified by a registered professional engineer or architect that
the standards of this subsection are satisfied. Such certification
shall be provided to the responsible person as set forth in Section
4.1.
10
SECTION 4.0
ADMINISTRATIVE REQUIREMENTS
4.1
INFORMATION TO BE OBTAINED AND MAINTAINED
The responsible person shall:
1)
Obtain and record the actual elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially improved
structures, whether or not the structure contains a basement.
2)
For all new or substantially improved floodproofed structures:
3)
4.2
(a)
Obtain and record the actual elevation (in relation to mean sea
level) to which the structure has been floodproofed.
(b)
Maintain the floodproofing certifications required in Section
3.2(2).
Maintain for public inspection all records pertaining to the provisions of
this ordinance.
ALTERATION OF WATERCOURSES
The responsible person shall:
(1)
Notify nearby communities, water resource districts and the North
Dakota State Engineer, as necessary, prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency.
(2)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not
diminished; and
(3)
Notify the appropriate water resource district prior to removal or
placement of fill within two hundred feet of the bank of a body of water
during normal flow or stage.
11
4.3
PENALTIES FOR NON-COMPLIANCE
(1)
Violation of the provisions of this ordinance or failure to comply with any
of its requirements, including violations on conditions and safeguards
established in connection with grants or variances or conditional uses,
shall constitute a misdemeanor. Any person who violates this ordinance or
fails to comply with any of its requirements shall upon conviction thereof
be punished by a fine not exceeding $500 or by imprisonment for each
such offense, and in addition shall pay costs and expenses involved in the
case. Each day such violation continues shall be considered a separate
offense.
(2)
Nothing herein contained shall prevent the CANDO CITY COUNCIL
from taking such other lawful action as is necessary to prevent or remedy
any violation.
DATED THIS__________ OF _________________ , _______ .
APPROVED:
____________________________
MARK BREHM, MAYOR
ATTEST:
____________________________
JONI MORLOCK, CITY AUDITOR
12